Pre-requisites

Before exploring the paths through which nationality can be obtained, it is important to note that the law in Oman does not generally permit a person to hold Omani nationality except by a specific royal decree permitting this. The law does not provide any details on the grounds for obtaining this royal exception, but this appears to be an extremely rare thing to obtain as only 18 number of people were allowed to simultaneously hold Omani with another one in the last 20 years.

Moreover, all applications to acquire Omani nationality must be submitted to the Ministry of Interior, which reviews and decides on them in accordance with the legal procedures and controls. Unlike most other government decisions, the decisions of the Ministry of Interior in this area are not subject to challenge through the administrative judiciary.

Nationality by Origin

Omani nationality can be acquired by origin, which is the most common and easiest way of getting a nationality. Whoever is born by an Omani father, be it in Oman or abroad, is deemed an Omani by origin.

The law states that those born by an Omani father and a non-Omani mother are deemed Omani by origin on the condition that the marriage has been approved by the Ministry of Interior. However, after the issuance of the Royal Decree 23/2023 regarding the Marriage of Omanis to Foreigners which removed the requirements to obtain government approval to permit an Omani to get married to a non-Omani, it is assumed that this requirement for the approval is no longer required for the Omani father to pass nationality to his children.

Moreover, whoever is born in Oman to unknown parents or born to an Omani Mother (in Oman or abroad) and his lineage to his father cannot be legitimately proven is deemed an Omani by origin and qualifies for obtaining Omani nationality.

Nationality by Reinstatement

Omanis who lose their nationality by renouncing it may obtain their Omani nationality again by reinstatement. This process requires the person to make an application and to meet several conditions, such as that he is of good behaviour and conduct, is habitual residence is in Oman or has returned to it, and declares in writing his desire to settle in it, and that he is free of communicable diseases.

Nationality by Grant

It is also possible for foreigners to obtain Omani nationality by submitting an application to the Ministry of Interior. The criteria for obtaining nationality here depend on whether the person is a foreigner, a foreign wife of an Omani person, a foreign widow or divorcee of an Omani, or a minor child of an Omani woman from her foreign husband.

For a foreigner who does not meet any of the other conditions, they are required to prove legitimate continuous residency in Oman for a period no less than 20 years (or 15 years if he is a man married to an Omani woman), they must be fluent in Arabic, and they must have a legitimate source of income to meet his needs and other conditions.

For a wife of an Omani, she must have a child from that husband, must speak Arabic, and must be married to him for a period no less than 10 years.

For a widow or divorcee of an Omani, she must also have a child from that husband, must not be married to a non-Omani, must speak Arabic, and must be resident in Oman for a continuous period of 15 years.

For a minor child of an Omani woman from a non-Omani husband, there are a different set of conditions including that the mother is widowed or divorced and that the child has lived in Oman for a period no less than 10 continuous years.

It is worth noting that meeting the prescribed criteria does not mean the automatic approval to obtain the nationality, as the Ministry of Interior would have decide on each case on its own. It is also worth noting that in all cases, it is possible to acquire an exemption by virtue of royal decree to obtain Omani nationality without complying with all the nationality criteria set by this law.

The Omani Nationality Law is a very interesting piece of legislation to read. You can read it in full in English on the link below:

Both regulations are based on the International Ship and Port Facility Security Code (ISPS Code), which Oman ratified by Royal Decree 63/2004. The new regulation comprehensively updates the governance of ship and port facility security. For example, it incorporates a new structure for port facility security verification, introduces new obligations for different stakeholders, establishes a new framework to license private companies to carry out certain tasks related to ship and port facility security including ship security verification, and imposes administrative fines that the MTCIT can impose if the regulation is not complied with.

You can read the decision in full in English on the link below:

The Wage Protection System is a framework created by the MOL that makes it a legal requirement for all employers in Oman to transfer the salaries of their workers using a specific electronic system through banks and other financial institutions licensed by the Central Bank of Oman. The objective of this system is to ensure that the salaries of workers are paid on time and that there is an electronic record of the transfer of the salaries.

Key changes in the new system include reducing the timeframe for transferring the wages of workers from 7 days to 3 days and introducing new grounds for the exemption from using the wage protection system such as situations where a worker is suspended from work for a reason not attributable to the employer for a period exceeding 30 days.

The new Wage Protection System has already entered into force. You can read it in full in English on the link below:

While the exact provisions can vary, most BITs share several common elements, including the duty to offer foreign investors treatment that is not less favourable than the treatment offered to national investors or investors from other states (national treatment and most-favoured-nation treatment), offer investors fair and equitable treatment, protect their investments against expropriation, and give investors the right to use several dispute resolution mechanisms.

National Treatment and Most-Favoured-Nation Treatment

A key provision in BITs is that the state has a duty to treat foreign investors and their investments at a standard that is not less favourable than the treatment it offers its own national investors or the investors of any other state. This concept has a wide scope and can relate to matters such as legal protections and access to markets in a manner that prevents discriminatory practices that target foreign businesses, including the payment of taxes. The objective of this clause is to create a level playing field and promote fair competition.

Protection Against Expropriation

Expropriation relates to the confiscation by the government of the private property of others. BITs typically include provisions to protect investors from unlawful expropriation of their investment by the government and set conditions for permitting expropriation if it is done for a public purpose, is non-discriminatory, and adheres to due process. Additionally, any expropriation must be followed by prompt, adequate, and effective compensation. In addition to this being translated in article 24 of the Foreign Capital Investment Law, Oman has a comprehensive framework for this in the Law on the Expropriation for Public Benefit.

Dispute Settlement Mechanism

The most critical feature of a BIT is the dispute settlement mechanism that allows an investor to enforce their rights against the host country if the country fails to meet its obligations under the treaty. A standard BIT would allow the investor to make a claim at their choice of venue, including making a claim through an arbitration process before the International Centre for Settlement of Investment Disputes (ICSID).

Conclusion

BITs provide a powerful mechanism for protecting and enforcing the rights of foreign investors. Oman traditionally used to sign these treaties frequently with other states, but the number of new treaties has been declining with the most recent one being Oman-Hungary BIT which was ratified in 2022.

The Oman Net Zero Centre will not be an independent government entity, but a department in the MEM at the level of a directorate general. The decision details the mandates of Oman Net Zero Centre which include preparing and updating the national plan for transition to net zero, providing support and advice to relevant entities and institutions with the aim of achieving net zero targets, preparing the national plan to enhance energy consumption efficiency, approving and registration application for trading in carbon credits, among other functions.

You can read this MEM decision in full in English on the link below:

While the actual Law on the Management of Pastures and Livestock included criminal fines for those who violate the law, the original Executive Regulation of the Law on the Management of Pastures and Livestock of 2005 did not grant the ministry the power to issue smaller administrative fines to hold those who commit small offences accountable for their violations. The new amendment changes this by giving this power to the MAFWR by allowing it to impose administrative penalties, such as issuing a warning, ordering the removal of the violation, or cancelling the licence if a licensee violates any of the provisions of the regulation. The new amendment also gives the ministry the power to impose a fine not exceeding 2,000 Rial Omani for each violation with the opportunity to double this fine if the violation is repeated.

You can read this regulation in full in English on the link below:

Contracts are the foundation of business relationships, outlining rights, obligations, and expectations between parties. However, despite careful planning and collaboration, disputes can arise, leading to costly and time-consuming legal battles. That’s where a well-crafted Alternative Dispute Resolution (“ADR”) clause comes into play. ADR refers to the different ways people can resolve disputes without a trial. Common ADR processes include mediation, arbitration, and neutral evaluation. In this article, we will explore the significance of including an ADR clause in contracts and how it can provide a fair and efficient means of resolving conflicts.

Firstly, an ADR clause helps reduce the cost of disputes. It is commonly known that litigation is often the default path for resolving disputes; however, this can be an expensive and lengthy process. Therefore, a well-drafted ADR clause offers an alternative by providing a clear roadmap for resolving conflicts outside of the courtroom. By specifying a preferred method of dispute resolution, such as mediation or arbitration, parties can save significant time, money, and resources.

Furthermore, an ADR clause serves to maintain control and confidentiality. In fact, one of the key advantages of including an ADR clause is that it allows parties to maintain control over the resolution process. Unlike litigation, where decisions are made by a judge, ADR methods enable the parties to choose a neutral third party or panel to oversee the process. This allows for greater flexibility, confidentiality, and the ability to craft solutions that best suit the specific circumstances of the dispute.

Moreover, an ADR clause aids in preserving business relationships. In business, maintaining positive relationships is crucial for long-term success. Engaging in a public and adversarial court battle can strain relationships and damage reputations. An ADR clause encourages parties to resolve conflicts amicably, preserving working relationships and promoting future collaboration. It shows a commitment to finding common ground and finding mutually beneficial solutions rather than resorting to litigation.

Additionally, an ADR clause facilitates speed and efficiency. Indeed, disputes can be time-consuming, diverting valuable resources and attention away from core business activities. With a well-defined ADR clause, parties can establish a timeline and procedure for resolving conflicts, ensuring a more efficient and timely resolution. ADR methods, such as mediation or arbitration, typically offer streamlined processes that prioritize a swift resolution.

It is noteworthy that an ADR clause is the result of a tailored process to fit the dispute. As every dispute is unique, a one-size-fits-all approach may not be the most effective solution. An ADR clause allows parties to tailor the process to the specific needs of their dispute. They can choose the most suitable method, select a qualified neutral party with expertise in the relevant field, and set guidelines for the proceedings. This flexibility helps ensure a more targeted and effective resolution.

As well, an ADR clause is important in international contracts. In today’s globalized business landscape, contracts often span international borders. In such cases, an ADR clause becomes even more critical. It helps parties navigate differences in legal systems, languages, and cultural norms. By specifying a method of dispute resolution that is recognized and enforceable internationally, such as arbitration under a respected institution like the International Chamber of Commerce (“ICC”) or the London Court of International Arbitration (“LCIA”), parties can ensure that their disputes are resolved in a neutral and impartial manner. In other words, including an internationally recognized method of dispute resolution, such as arbitration under a renowned institution, provides parties with confidence and a familiar framework for resolving cross-border conflicts.

In conclusion, an ADR clause is a powerful tool that empowers parties to address conflicts in a fair, efficient, and mutually agreeable manner. By proactively including this clause in contracts, businesses can minimize the risk of costly litigation, preserve relationships, and maintain control over the resolution process. Whether it’s through mediation, arbitration, or another alternative method, the inclusion of a well-crafted ADR clause demonstrates a commitment to resolving conflicts with confidence and integrity.

Wadhah Talib Yahya Al-Hinai is an Omani lawyer with a background in legal research and academia. Currently serving as a Legal Researcher at the Legal Affairs Department of Sultan Qaboos University, he also lectures on Business Law at the College of Economics and Political Sciences of the same university. Passionate about law and education, Wadhah is dedicated to advancing legal knowledge and nurturing the next generation of legal professionals.

If you would like to contribute to the Decree Blog, feel free to email us at blog [at] decree [dot] com.

In today’s interconnected business landscape, where information flows rapidly and collaborations thrive, maintaining confidentiality has become more critical than ever. For individuals and organizations alike, protecting sensitive information is vital for maintaining trust, fostering innovation, and preserving competitive advantage. This article explores the importance of confidentiality clauses in contracts and their role in safeguarding valuable assets and maintaining healthy business relationships.

Firstly, confidentiality clauses safeguard secrecy. It is of common knowledge that confidentiality clauses, often in the form of non-disclosure agreements (“NDAs”), play a crucial role in legal agreements by establishing a framework for protecting sensitive information shared between parties. These clauses outline the expectations and responsibilities of each party regarding the handling of confidential information. They require both parties to maintain the confidentiality of the information and refrain from disclosing it to unauthorized individuals or entities. This helps organizations safeguard their proprietary knowledge, trade secrets, client data, financial information, and other confidential matters from being disclosed or misused. Incorporating confidentiality clauses in contracts not only protects sensitive information but also helps build trust between parties by ensuring that the information shared is kept confidential and secure.

In addition, confidentiality clauses preserve trust and reputation. In fact, confidentiality clauses are essential components of agreements that help build and maintain trust between parties. These clauses serve to explicitly outline the obligations and expectations regarding the handling of confidential information, ensuring that sensitive data is treated with the utmost care and discretion. By clearly defining the scope of confidentiality and the consequences of breaching it, these clauses create a framework for trust. Parties can be confident that their sensitive information will be protected, which can foster a culture of trust and reliability. When individuals and organizations consistently uphold these standards, they enhance their reputation as trustworthy and reliable business partners, which can lead to more successful and mutually beneficial relationships.

Moreover, confidentiality clauses protect intellectual property. Indeed, Intellectual property (“IP”) constitutes a significant asset for many companies. Whether it involves patents, trademarks, copyrights, or trade secrets, preserving the confidentiality of IP is essential for maintaining a competitive edge. Confidentiality clauses ensure that sensitive information related to IP remains secure, preventing unauthorized disclosure, replication, or misuse that could potentially undermine an organization’s market position.

Furthermore, confidentiality clauses encourage open communication. By providing a secure environment where sensitive information can be shared without fear of unauthorized exposure, these clauses facilitate the exchange of ideas, insights, and knowledge, enabling innovation to flourish. Knowing that their confidential information is protected, individuals and organizations are more likely to engage in meaningful collaborations that drive progress.

It is also worth noting that confidentiality clauses mitigate legal risks. Indeed, in an era of increasing data breaches and cyber threats, organizations face significant legal risks when confidential information falls into the wrong hands. Confidentiality clauses serve as proactive measures to mitigate such risks. By establishing clear guidelines for the handling of sensitive data, these clauses provide a legal framework that can be invoked in the event of a breach, empowering the affected party to seek legal recourse and potential damages for any resulting harm.

Finally, confidentiality clauses strengthen business relationships. Confidentiality clauses are not just about protecting assets; they are also about fostering strong business relationships. By explicitly addressing the importance of confidentiality, parties demonstrate their commitment to maintaining the privacy and trust necessary for successful collaboration. This shared understanding helps build enduring partnerships based on mutual respect, integrity, and shared interests.

In conclusion, confidentiality clauses in contracts serve as powerful tools for protecting sensitive information, preserving trust, and nurturing healthy business relationships. By incorporating these clauses, individuals and organizations can shield their intellectual property, mitigate legal risks, encourage open communication, and safeguard their reputations. In an age where information is a valuable currency, prioritizing confidentiality through well-drafted confidentiality clauses is a proactive step towards ensuring the long-term success and prosperity of any business endeavor.

Wadhah Talib Yahya Al-Hinai is an Omani lawyer with a background in legal research and academia. Currently serving as a Legal Researcher at the Legal Affairs Department of Sultan Qaboos University, he also lectures on Business Law at the College of Economics and Political Sciences of the same university. Passionate about law and education, Wadhah is dedicated to advancing legal knowledge and nurturing the next generation of legal professionals.

An employee’s right to peacefully strike plays a fundamental role in advocating for their rights and improving their work conditions. The newly released Labour Law, promulgated by Royal Decree 53/2023, boldly emphasises the rights of employees and employers in strikes and closures. It achieves this by dedicating the entirety of Section 2 of Part 8 of the Labour Law (Articles 128-136) to such matters.

The rights of employees to strike in Oman are by no means newly introduced rights. The previous Labour Law lightly touched on the laws and regulations in the settlement of labour disputes between employers and employees. This along with the Ministry of Labour Ministerial Decision 294/2006 formed the previous statutory basis for the laws and regulations of strikes and closures.

As per the new Labour Law, in order to legally strike, employees must adhere to certain stipulations set forth by the legislator. Article 129 stipulates that employees wishing to strike or their union representatives must notify in writing the employer and all relevant authorities, including the Collective Labours Dispute Committee, at least three weeks before the specified strike date. The written notice must include the reason for the strike and the demands of the striking parties. Additionally, the declaration of the strike must receive approval from three-quarters of the members of the general assembly of the union for the strike to proceed.

However, there are limitations to employees’ rights to peacefully strike. If the strike threatens public interest, then it will be considered unlawful. Accordingly, article 128 outlines that striking employees are prohibited from inciting strikes in establishments that provide public or essential services. This includes oil instillations, petroleum refineries, ports, airports, public transportation, and any other establishments that are deemed to provide a public service by the Minister of Labour.

In line with the limitation of the employees rights to strike, a concerning aspect is that any employee that implements their right to strike shall be considered to have taken that striking period as a period of leave without pay, as specified in article 131. This is likely to deter the majority of employees from acting on their rights to strike in cases of labour disputes. Additionally, article 130 conditions that employees must call off strikes if collective labour dispute settlement procedures begin between the employees and employers.

The legislator has also imposed stricter penalties on any employees who violate article 145 of the Labour Law by obstructing or disrupting the workplace during a strike. Any striking employees who violate this provision shall be subject to either imprisonment for a period ranging from one to six months, a fine ranging from 500 OMR to 3,000 OMR, or both penalties.

The above limitations demonstrate the legislator recognising and protecting the rights of employers in regard to strikes.

The legislator has similarly imposed certain rules and regulations on the rights of employers in regard to closures. In order for employers to legally impose closures during strikes they must adhere to certain stipulations set forth by the legislator. As such, article 133 specifies that an employer has the right to completely or partially, when necessary, close their establishment to defend their interests. Employers must also notify striking employees or their labour unions, as well as any and all relevant authorities, of the closure at least three weeks in advance, providing the date and reasoning behind it, as prescribed in article 134.

However, just as employees’ rights to strike are limited, employers’ rights to closures are also restricted. Article 135 limits the rights of employers to closures by prohibiting employers from closing down establishments that provide public services including oil facilities, petroleum refineries, ports, airports, public transportation, or any other establishments that are deemed to service the public by the Minister of Labour. In addition, article 132 holds that employers must immediately stop the closure if the disputing parties agree to begin dispute settlement procedures, and are prohibited from shutting down the establishment during the settlement stages.

To counteract employers’ closure rights, the legislator mandates under article 136 that all closure days are considered paid working days for employees. Article 145 of the Labour Law also imposes strict penalties on any employers who violate the rights of the employees under articles 128, 129, 132, 134, and 135. Violating parties shall be subject to either imprisonment for a period ranging from one to six months, a fine ranging from 500 OMR to 3,000 OMR, or both penalties.

This demonstrates that the new provisions pertaining to strikes and closures introduced in the Labour Law have not only acknowledged the rights of employees to strike but have also placed a parallel emphasis on recognising the rights of employers when it comes to managing such strikes and closures.

Budoor Al Suwaid is a recent graduate with an LLM in Commercial and Corporate Law from Queen Mary, University of London. Prior to that, she received her LLB Laws degree from City, University of London.

The widespread of the internet had a major impact on the economy through the rapid process of digitalising services,[1] which consequently led online platforms to become a habitat to numerous online transactions,[2] as such platforms allow their service providers to expand across borders and supply various markets.[3] Online platform providers can be defined as “a mediating entity operating in two or multi sided markets, which uses the internet to enable direct interactions between two or more distinct but interdependent groups of users.”[4] This article will cover the different kinds of legal liability to which platform providers may be subject to.

Oman has a wide variety of legal instruments that govern the activities of platform providers. In 2006, Oman established the Information Technology Authority by Royal Decree 52/2006, to activate the government policy for digital transformation.[5] The Information Technology Authority took the lead to establish regulations for the online environment in the Sultanate, in order to give individuals, businesses, and government agencies a high level of trust in the process of conducting transactions online. Consequently, Oman issued the Electronic Transactions Law promulgated by Royal Decree 69/2008 and the Cybercrime Law promulgated by Royal Decree 12/2011. Later, as part of the restructuring of the Omani government, the Information Technology Authority was replaced by the Ministry of Technology and Communications by Royal Decree 63/2019 which was later also replaced by the Ministry of Transport, Communications, and Information Technology by Royal Decree 90/2020, which now has the responsibility for issuing the laws and regulations governing e-transactions in general and online platform providers in particular.

The liability of online platform providers can arise under the following two categories:

Civil Liability

Generally speaking, civil liability revolves around two mediums, either the tort that may fall on the person himself, his money, or his honour,[6] or a breach of the conditions of contract.[7]  The basis of this responsibility is traced back to the rule that “there is no liability where there is no harm or breach of a prescribed right.”[8] Accordingly, civil liability can be classified into tort liability and contractual liability[9] which has been codified in Omani law in articles 157 and 176(1) of the Civil Transactions Law.

In the context of tort, it is possible to hold online platform providers liable under tort when they illegally breach their responsibility to take appropriate precautions to protect the platform users, and the breach results in violation of the rights and interests of the users.[10] Furthermore, the Electronic Transactions Law states in article 35(1) that “If damage occurs as a result of the invalidity of the certificate or because it is defective due to a mistake or negligence[…], he shall be liable for the resulting damage […]”

In the context of contractual liability, online platform providers may be held contractually liable if they fail to perform a contractually agreed-upon obligation. This is arguably the easiest approach to seeking civil responsibility for the conduct of online platform providers who have signed contracts with an operator.[11] This is confirmed by article 14(4)(a) of the Electronic Transactions Law, which states that the provisions of article 14 do not prejudice any obligations arising from any contract.

Those liable under any of the civil liability provisions mentioned above can be made responsible for compensation in accordance with article 176 of the Civil Transactions Law. This is also confirmed in regard to consumers under the Consumer Protection Law.

Criminal Liability

Criminal matters in Oman are governed by the Basic Statute of the State, which states in article 26 that “There shall be no crime or punishment except by virtue of law. There shall be no punishment except for acts subsequent to the implementation of the law providing for them. The punishment shall be personal.” In this context, criminal liability refers to the bearer of a person’s responsibility for a crime that he committed, and this is obtained by complying with the penalty prescribed by law.[12]

Criminal penalties serve a dual purpose in society: they aim to both punish individuals for their criminal actions and deter others from engaging in similar unlawful behaviour while also safeguarding the overall safety of the community. In Oman, the legislative framework has taken proactive measures to address electronic crimes and the associated penalties through the enactment of specialised laws, such as the Cybercrime Law. Additionally, the Electronic Transactions Law dedicates a chapter that addresses criminal penalties arising from the unlawful actions of platform providers. For instance, article 52 stipulates penalties such as imprisonment or fines for activities like computer intrusion, system disruption, website tampering, or internet-related offences resulting in data disruption, theft, or misuse. These penalties are consequently applied to the actions of platform providers as well.

Conclusion

In conclusion, this article has discussed the different kinds of legal liability to which online platform providers may be subject to in Oman. The article first provided an overview of the legal framework governing online platforms in Oman, before discussing the two main areas of liability: civil liability and criminal liability. In the context of civil liability, the article explained that online platform providers may be held liable for tortious acts, such as negligence, or for breach of contract. In the context of criminal liability, the article explained that online platform providers may be held liable for offences such as computer intrusion, system disruption, and website tampering.

Jumana Al-Masroori
Law Student
College of Law
Sultan Qaboos University

Fatema Al-Nuaimi
Law Student
College of Law
Sultan Qaboos University

[1] A. Ojala, A. Rialp, N. Evers ‘ Extending the international new venture phenomenon to digital platform providers: A longitudinal case study’ (2018) 53 Journal of World Business, at page 725.

[2] Kurtz, C. et al. ‘Accountability of Platform Providers for Unlawful Personal Data Processing in Their Ecosystems-A Socio-Techno-Legal Analysis of Facebook and Apple’s Ios According to Gdpr’ (2022) Journal of Responsible Technology, at page 1.

[3] Ojala, Evers, Rialp, supra note 1, at page 725.

[4] D. Beverungen, D. Kundisch, N. Wunderlich ‘Transforming into a platform provider: strategic options for industrial smart service providers’ (2020) Emerald Journal, at page 513.

[5] H. Alsaqri ‘e-commerce law in the Sultanate of Oman, obstacles and challenges and ways to confront it’ (2018) Sultan Qaboos University, at page 75.

[6] N. AlTuhami ‘liability’ (1985) Arab Journal of Security Studies, at page 8.

[7] Ibid.

[8] Ibid.

[9] T. Yoshimasa ‘A theoretical perspective on the civil liability of online platform providers’ (2019) J.Japan.L. (48) at page 72.

[10] Yoshimasa, supra note 9, at page 73.

[11] Yoshimasa, supra note 9, at page 73.

[12] Z. AlBraiki ‘Criminal liability for misuse of modern means of communication’ (2015) Sultan Qaboos University at page 25.